HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0053
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Temp. Reso. #
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94-
FN
A RESOLUTION AWARDING A BID TO REED
LANDSCAPING, INC.FOR BID #93-09 FOR THE
SUPPLY, INSTALLATION AND GUARANTEE OF TREES TO
BE INSTALLED ON THE WOODMONT 70TH STREET
MEDIANS PROJECT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
WHEREAS, bids were advertised in the Fort Lauderdale News/Sun
Sentinel, a newspaper of general circulation in Broward County,
Florida, on September 29, 1993 and October 6, 1993; and
WHEREAS,,bids were opened on October 15, 1993; and
WHEREAS, Reed Landscaping, Inc., is the lowest full
responsive and responsible bidder.
NOW, THEREFOREi BE IT RESOLVED BY THE CITY COUNCIL OF TEE
CITY OF TAMA.R.AC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are
hereby ratified and confirmed as being true and correct and a e
hereby made a specific part of this Resolution.
That the bid of October 15, 1993 in the.amou t
of $24, 560.00 for the supply, insta-llatiion 'and guarantee of tre s
to be installed on the Woodmont 70th Street Medians is HERE Y
APPROVED.
SECTION 3: That the funds are to be allocated for this
Project from Grant Funding, Account Woodmont Streetscape Project
No.153-071-539-4RH.
SECTION 4: That the appropriate City officials are here y
authorized to execute the attached contract herein identified As
Exhibit "A" and made a part thereof with such changes as are
negotiated by the City Manager and approved by the City Attorney,
and any other documents in connection with the awarding of th s
bid.
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Temp. Reso. # �L/
SECTION 5: All resolutions or parts of resolutions i
conflict herewith are hereby repealed to the extent of suc
conflict.
SECTION E, If any clause, section, other part o
application of this, Resolution is held by any court of competen
jurisdiction to be unconstitutional or invalid, in part o
application, it shall not affect the validity of the remainin
portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 1994.
. lf4 C.
H.L. BENDER
MAYOR
ATTEST: �.
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
Rha approved thi
SOft=ON as to for
CITY A
SWEETSCAPE BID/rkt
MAYOR
DUST 1:
DIST. 2:
GDIST. 3:
DIST. 4:
RF-CORD OF COUNCIL VOTE
,to
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01990 City of Tamarac
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
REED LANDSCAPING, INC.
FOR
THE SUPPLY, INSTALLATION AND GUARANTEE OF TREES IN THE
WOODMONT 70TH STREET MEDIANS PROJECT
JANUARY 5,1994
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THE CITY OF TAMARAC
AND
REED LANDSCAPING, INC.
FOR
THE SUPPLY, INSTALLATION AND GUARANTEE
OF TREES IN THE WOODMONT 70th STREET MEDIANS PROJECT
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This is an Agreement dated the / 7 ay of 1994,
between THE CITY OF TAMARAC, a municipal corporation organized pursuant to
Florida Statute 166, its successors and assigns, (hereinafter referred to as "CITY"), •
through its City Council, and REED LANDSCAPING, INC., its successors and assigns,
(hereinafter referred to as "CONTRACTOR").
In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE 1
Statement of Work
The CONTRACTOR shall furnish materials, labor, equipment and services, and
shall perform all work as amended and as shown on the Drawings and described in the
specifications prepared by Landscape Architect Kimberly Moyer, for the City of Tamarac
on 70th Street according to Tamarac Bid No. 93-09.
ARTICLE 2
Contract Price
CITY shall pay CONTRACTOR for the performance of the work called for under
this Agreement a lump sum in current funds, of $24,560.00.
Time of Completion
CONTRACTOR agrees to begin work covered by this Agreement within ten (10)
days after signing this Agreement, weather permitting and to complete the work fully,
exclusive of maintenance not to exceed a three (3) month period of time from the date of
Bid Award (no later than April 15, 1994).
,�- S S-
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ARTICLE 4
Payment for Work
Upon approval of bid award, the CITY will issue the CONTRACTOR a purchase
order for the full amount of contract. Upon substantial completion of installation or upon
completion of a portion of work for which payment is expected, the CONTRACTOR
shall notify the Landscape Architect for inspection and submit an invoice to the
Landscape Architect. The CONTRACTOR shall notify the Landscape Architect for final
inspection and submit an invoice to the Landscape Architect. The ten (10%) of each
billed amount withheld from all payments shall constitute the final payment which shall
be made upon final approval by the Landscape Architect.
ARTICLE S
Agreement Documents
The Agreement documents shall consist of the following component parts: This
Instrument, General Conditions, Technical Specifications, and Drawings. It is expressly
agreed that this Agreement and the other documents set forth in this Agreement and
attached hereto, and which are made a part hereof as fully as if they were set forth at
length herein, embody the entire Agreement between the parties; and no verbal
alternatives or variations shall be binding on the parties or create any obligations or
liabilities not set forth or provided for herein.
ARTICLE 6
General Conditions
aw_C1I Ili CI ► _ 4 ► 1.t
(a) Agreement:
The Agreement Documents shall include those enumerated in Article S
above. The intent of the Agreement Documents is that the
CONTRACTOR shall furnish all labor, materials, equipment and
services necessary for the completion of the proposed work. The
Agreement Documents shall be signed in three counterpart copies by the
CITY and the CONTRACTOR and each signer shall retain a copy and
the third copy shall be filed with the Landscape Architect.
(b) Annrovals-
All samples, shop drawings or schedules required for approval shall be
furnished by the CONTRACTOR as directed subject to approval by the
Landscape Architect representing CITY. The work shall be done in
accordance with these approved items, and the Landscape Architect's
drawings and specifications.
(c) Surveys. Permits and Regulations:
Unless otherwise specified, the CITY shall furnish all needed surveys
for this work, at their expense. Permits, licenses, royalties and lien fees
necessary for the prosecution of the work shall be secured and paid for
by the CONTRACTOR. Easements for permanent structures, permanent
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changes in existing facilities, or legal documents needed for the work,
shall be secured and paid for by the CITY, unless otherwise specified.
CONTRACTOR shall coordinate through the Building and Engineering
Departments for all necessary and appropriate permits.
CONTRACTOR shall give all notices and comply with all laws,
ordinances, rules and regulations concerning the construction of the
project as drawn and specified If the CONTRACTOR finds that the
Drawings and Specifications are at variance therewith, he shall
immediately notify the Landscape Architect, who shall promptly make
such changes as are necessary.
Existing conditions including surface features, soil boring data and any
underground utilities shown on the plans and/or referred to in the
specifications are for informational purposes only and shall not be
deemed as part of the plans and specifications. It shall be
CONTRACTOR'S obligation to verify and augment such information
and data to fully satisfy himself as to the conditions under which the
work will be done. The CONTRACTOR shall maintain in operating
condition all active utilities encountered in this construction. He shall
contact all public utilities involved and have their representative locate
their pipes, conduits, cables or other facilities before construction is
started. The CITY and the Landscape Architect do not assume
responsibility for location or disturbance of utilities or other existing
features or conditions encountered on this project. Any replacement or
relocation cost shall be the CONTRACTOR'S responsibility, unless
otherwise specified.
(a) Indeandent ContrarAor:
The relationship of CONTRACTOR to the CITY shall be that of an
independent CONTRACTOR, and no principal agent or employer -
employee relationship between the parties is created by this Agreement.
By entering into this Agreement with CITY, CONTRACTOR
acknowledges that it will, in the performance of its duties under this
Agreement, be acting as an independent CONTRACTOR and that no
officer, agent or employee of CONTRACTOR will be for any purpose
an employee of the City of Tamarac and that no officer, agent or
employee of CONTRACTOR is entitled to any of the benefits and
privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
This Agreement shall not be taken or held to imply the relinquishment or
waiver by CITY of its power to make other reasonable requirements or
regulations pertaining to the subject matter hereof, and CITY hereby
expressly reserves the right to make all regulations which may be
necessary or proper to secure the safety, welfare and accommodation of
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the public, including, but not limited to, the right to adopt and enforce
regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation
of the Supply; Installation and Guarantee of Trees in the Woodmont 70th
Street Medians Project. Nothing herein contained shall constitute a
waiver of any of the requirements of the rules and regulations adopted
by CITY, including the right to make such changes and amendments to
said rules and regulations as said CITY may deem to be advisable and
necessary to protect the public health and general welfare of its
inhabitants.
(c) Access to worn.
It shall be the obligation of CONTRACTOR to provide proper facilities
to permit CITY and Landscape Architect to observe and inspect the
work•during any state of the construction.
All work shall be done subject to the approval of CITY and the
Landscape Architect. All decisions and questions which may arise as to
the quality or acceptability of materials furnished, work performed,
progress of the work, interpretation of drawings and specifications, and
all questions as to acceptable fulfillment of the Agreement by
CONTRACTOR shall be made by the Landscape Architect.
All claims of CONTRACTOR or CITY shall be made to the Landscape
Architect for decision. All decisions og`the Landscape Architect shall be
made in writing within a reasonable period of time and shall be final;
except where time and/or financial considerations are involved; which
shall be subject to review by CITY.
Upon termination CITY may take possession of the premises and of all
materials, tools, equipment and appliances thereon and finish the work
by whatever method deemed expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment.
In case the statement of accounts shows that the cost to complete the
work including compensation for additional landscape architectural,
managerial, and administrative services, is less than that which would
have been the cost to CITY had the work been completed by the
CONTRACTOR under the terms of the Agreement, the excess shall be
paid to the CONTRACTOR. If such expense exceeds the unpaid
balance, the CONTRACTOR shall pay to CITY the difference, as
certified by the Landscape Architect.
(e) '
CITY has right to stop work and terminate the work within thirty (30)
days written notice.
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(n Correction of Work•
All work and materials condemned by the Landscape Architect as failing
to comply with the Agreement Documents shall be promptly removed,
replaced, and/or, re -executed by the CONTRACTOR to bring it into
compliance with the requirements. This shall be done at the expense of
the CONTRACTOR without cost to CITY and shall include making
good all work of the contractors destroyed or damaged by such removal
or replacement.
(g) Lim
Before payment at substantial completion is made the CONTRACTOR
shall furnish CITY with a full release of lien signed by all sub-
contractors and material men associated in any way with the work.
These releases shall be accompanied by a notarized affidavit (sworn
statement) to the effect that all claims of any character pertaining to the
performance of the Agreement, including sub -contractors, material
suppliers and labor have been paid in full and that the acceptance of final
payment is acknowledged as a release of the CITY from any and all
claims arising under or by virtue of the Agreement.
9XIMErl"I'M :.1all ORMI 024 zl
CONTRACTOR shall secure and maintain insurance coverages, in the
amounts required and/or stipulated in Bid No. 93-09 protecting him from
claims ; under Workmen's Compensation and Employer's Liability
Insurance as required by law; Public Liability, Bodily Injury including
death, and Property Damage which may arise in the course of carrying
out the work under this Agreement. Certificates of such insurance shall
be filed with CITY before commencing any of the work under this
Agreement.
The CONTRACTOR shall adequately protect the work, adjacent
property and the public and shall be responsible for any damage or
injury due to his act or neglect. The CONTRACTOR shall indemnify
and hold the CITY harmless from and against any and all losses and/or
claims brought or recovered against the CONTRACTOR or his sub-
contractors by reason of any error, omission or act of the
CONTRACTOR, his agents or employees in the execution of the work
or the guarding of it. •
6.4 EgoGgESS AND CQMPLE110N OF THE WORK:
(8) g hed de of -omo don:
Following the execution of the Agreement by CITY, CONTRACTOR
shall begin work within ten (10) days, unless otherwise notified in
writing, and shall prosecute the work regularly and without interruption,
weather permitting, so as to complete the work within the time stated in
the Proposal.
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(b) Changes in the Work:
If and as the need arises, CITY may order in writing changes and/or
extra work without invalidating the Agreement. At the time of ordering
such changes, additions, deletions or modifications, the amount or
method of compensation and any adjustment in the time of completion
shall be determined and stipulated in writing.
(c) Clean_un:
CONTRACTOR shall at all times keep the premises and public streets
free from an accumulation of waste material or rubbish caused by his
employees or work, and at the completion of the work he shall remove
all waste and excess material, rubbish and equipment such as left after
plant materials, tree limbs, un-clean fill/soil, papers, litter, cans, burlap
bags "and landscape materials so as to leave the work and the premises
neat and clean and ready for the purpose for which they were intended.
ARTICLE 7
Discrimination Prohibited Affirmative Action
CONTRACTOR, in the execution, performance, or attempted performance of this
Agreement, shall not discriminate against any person or persons because of sex, race,
religion, color, or national origin, handicap or marital status. CONTRACTOR'S
employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights
Act, the Florida Human Rights Act of 1977, and the American Disabilities Act of 1992),
understand and agree that this Agreement is conditidned upon the veracity of this
Statement of Assurance. CONTRACTOR herein assures CITY that said
CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal
grants are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as hereinabove referenced are included by this
reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -
Era Veterans and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative action
plan and not discriminate on the basis of handicapped status.
ARTICLE $
Miscellaneous Provisions
8.1 VENUES
This Agreement is construed according to the laws of Florida and shall
be considered consummated in Broward County, Florida. All actions
brought hereunder shall be brought exclusively in Broward County,
Florida.
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Time shall be deemed to be of the essence concerning this Agreement
whenever time limits are imposed herein for the performance of any
obligations by any of the parties hereto, or whenever the accrual of any
rights to either of the parties hereto depends on the passage of time.
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8.3
8.4
8.5
8.6
8.7
8.8
8.9
The failure of -CITY, at any time, to require performance by
CONTRACTOR of any provisions herein shall in no way affect the
rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a
waiver of any succeeding breach of such provisions or as a waiver of any
provision itself.
FORCE MA TEURE:
Neither CONTRACTOR nor CITY shall be liable for the failure to
perform its duties if such failure is caused by a riot, war, governmental
order, or regulation, strike, act of God, or other similar or different
contingency beyond the reasonable control of CONTRACTOR.
CONTRACTOR, its officers, agents, employees, and contractors, shall
abide by and comply with all laws, federal, state and local. It is agreed
and understood that, if CITY calls the attention of CONTRACTOR to
any such violations on the part of CONTRACTOR, its officers, agents,
employees, or subcontractors, then CONTRACTOR shall immediately
desist from and correct such violation.
;. IFA 113 19 r 1. I::.
No assignment of this Agreement or any right accruing under this
Agreement shall be made in whole or in part by the CONTRACTOR
without the express written consent of CITY; such concern of CITY
shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
PAHAVzRAPH HEADINGS:
The section in paragraph headings contained herein are for convenience
and reference and are not intended to define or limit the scope of any
provision of this Agreement.
This Agreement constitutes the entire agreement and understanding
between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in
writing and approved by the City Council of the City of Tamarac,
Florida.
Notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually
received, when deposited in the United States Mail, postage prepaid,
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certified mail, return receipt requested, addressed to the respective party
at the address set forth as follows:
IX:
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
(305) 922-5900
WI
CONTRACTUR:
Iris Reed, President
Reed Landscaping, Inc.
951 S.W. 121 Ave.
Ft. Lauderdale, FL 33325
(305) 476-1426
With a cooly to:
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
(305)122-5900
8.10 SEYERARILI.-Th
If any part, section, sub -section or other portion of this Agreement is
declared void, unconstitutional, or invalid for any reason, such part,
section, sub -section, or other portion, or the prescribed application
thereof, shall be severable, and the remaining provisions of this
Agreement, and all applications thereof not having been declared void,
unconstitutional, or invalid shall remaiti in full force and effect. CIT Y
and CONTRACTOR declare that no invalid or prescribed provision or
application was an inducement to the execution of this Agreement, and
that they would have executed this Agreement, regardless of the invalid
or prescribed provision or application.
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This Agreement shall be effective this day of 1994,
which shall be the Commencement Date hereof.
THE CITY OF TAMARAC, FLORIDA
ATTEST: By:
Mayor
;�-
'� � Date•
Dina M. McDermott
Interim City Manager
B
ATTEST: y
Dina M. McDermott
Interim City Manager
By; d , �. �'-�'Gx- Date:
Carol A. Evans .
City Clerk -`
AnAr ed a to form:
11$' Kraft
Attorney
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STATE OF FLORIDA
: SS
COUNTY OF oRo w,4RD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State aforesaid and in the County aforesaid to takes acknowledgments, personally
appeared .L. `�`�to me known t6 be the person(s)
described in d who executed the foregoing instrument and acknowledged before
me that 44k& executed the same.
Z�
WITNESS my hand and official seal this /7 day of 1994.
NOTARY PUBLIC, State of
Florida at Large Yw
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. NOV. 60M 7
BONDED THRU GENERAL INS. UND. ;.
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( ) Personally known to me, or
( ) Produced identification
( ) DID take an oath, or (
Type of I.D. Produced
v )DID NOT take an oath.
W
ATTEST:
B•
Ll
eject
REED LANDSCAPING, INC.
y•
Corporate Secretary Iris Reed, President
;Corporate Seal:) I Of:
STATE OF FLORIDA"
COUNTY OF lD P14� SS
� R�u
951 S.W. 121 Avenue
Ft. Lauderdale, FL 33325
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared Iris Reed to me known to be the person described in and who
executed the foregoing instrument and she acknowledged`before me that she executed the
same.
WITNESS my hand and official seal this 7Yµ .day of , 1994.
A `
NOTARY P LIC. State of F cur C ibo+
!--
50.0104-1
SERGE R. DAZILE
�� My COMM. Exp. 12-25-95
�`BOnded 8v Serv1,-. i..-
(Name of Notary Fumic:
Print, Stamp, or Type as
Commissioned)
O Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
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